Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Philippines (Ratification: 1953)

Article 2 of the Convention. Registration requirements for trade unions in the public sector. With regard to the allegations of the Center for United and Progressive Labor (SENTRO) that the requirements for union registration in the public sector are overly stringent, the Committee had requested the Government to provide information on any developments with regard to their review. The Committee notes the Government’s indication that the technical working group of the tripartite Public Sector Labour-Management Council (PSLMC) is finalizing the proposed amendment to the Implementing Rules and Regulations of Executive Order No. 180, which reduces the signature support requirement to 10 per cent of the rank-and-file employees in the organizational unit, and will then submit it to the PSLMC for its approval. Considering that a 10 per cent requirement may still obstruct the right of workers to form trade unions, in particular in large organizational units, the Committee requests the Government to provide information on any developments regarding the review of registration requirements for trade unions in the public sector, in particular the extent to which the requirements viewed as onerous by the SENTRO are being streamlined, and to provide a copy of any new regulations adopted.

Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes without interference by the public authorities. The Committee previously noted that, under section 226 (now renumbered to section 232) of the Labour Code, the Bureau of Labor Relations (BLR) and the Labor Divisions in the Department of Labor and Employment (DOLE) regional offices, have the authority to act, either at their own initiative or upon request of either or both parties, on all inter-union and intra-union conflicts, and all disputes, grievances or problems arising from or affecting labour-management relations in all workplaces, except those arising from the implementation or interpretation of collective bargaining agreements. The Committee requested the Government to provide further information on the application of the above provision of the Labour Code in practice. The Committee notes the Government’s indication that: (i) section 232 is subject to the provisions of Act No. 10396, which institutionalizes the Single Entry Approach Program [SEnA] in all DOLE offices to de-judicialize the dispute settlement procedures and requires that all issues arising from labour and employment, including inter union and intra-union disputes (examples provided by the Government), be subject to 30-day mandatory conciliation-mediation; (ii) as of 31 March 2016, all filed inter- or intra-union disputes are initiated by union officers, members or employees, and there is no recorded inter- or intra-union dispute initiated by the BLR or the DOLE regional offices; and (iii) if the inter- and intra-union disputes are not settled, the cases shall be resolved by the BLR or the mediator arbiter in the regional offices. The Committee requests the Government to provide further details in relation to the procedure followed in the event that a dispute has not been settled during the 30-day mandatory conciliation-mediation, in order for the Committee to be able to assess the circumstances in which recourse to this mechanism might result in compulsory arbitration.